Pursuant to the provisions of N.J.S.A. 40:55D-37, approval of subdivision plats by resolution of the Stanhope Planning Board shall be required as a condition for the filing of such plats with the county recording officer. Approval of site plans by resolution of the Stanhope Planning Board shall be required pursuant to Subsection D of this section as a condition for the issuance of a building permit and certificate of occupancy, provided that the resolution of the Stanhope Board of Adjustment shall substitute for that of the Stanhope Planning Board whenever the Stanhope Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to § 100-109B of this chapter.

Each application for subdivision approval, where required pursuant to N.J.S.A. 40:27-6.2, and each application for site plan approval, where required pursuant to N.J.S.A. 40:27-6.6, shall be submitted by the applicant to the County Planning Board for review and approval, as required by the aforesaid sections, and the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

The Secretary of the Stanhope Planning Board shall distribute the site plan and subdivision application for review and report and, where required, approval as follows:

Applicability. Site plan review and approval shall be required before any change of use or before any excavation, removal of soil, clearing of a site or placing of any fill on lands contemplated for development, and, except as hereinafter provided, no building permit shall be issued for any building or use or reduction or enlargement in size or other alteration of any building or change in use of any building, including accessory structures, unless a site plan is first submitted and approved by the reviewing board, and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the reviewing board.

Site plan approval will not be required for any detached one- or two-family dwelling unit buildings or any uses accessory thereto, such as a private garage or storage shed incidental to residential uses; however, home occupations shall require site plan approval.

The reviewing board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect existing traffic circulation, drainage, relationships of building to each other, landscaping, buffering, lighting and other considerations of site plan review. Each applicant shall prepare and submit the request for waiver of site plan application with the required fee.

The applicant shall submit 18 copies of his completed application for minor subdivision or site plan to the Administrative Officer of the Borough or the Secretary of the Planning Board. Time for the Board's review shall not begin to run until the submission of a complete application with the required fee. Unless the applicant is informed, in writing, by the Secretary of the Planning Board within 45 days of the actual submission of the application that it is incomplete, said application shall be deemed complete as of the date it was submitted.

All required submissions shall be made to the Administrative Officer or the Secretary of the Planning Board 14 days prior to the regular meeting date of the Planning Board.

A complete application for a minor subdivision shall consist of the following:

An applicant shall be responsible to reimburse the municipality for:

No applicant shall be responsible to reimburse the municipality for any of the following:

The term "professional personnel" or "professional services," as used herein, shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser, architect or other expert who would provide professional services to ensure that an application meets performance standards of Stanhope Borough or any other experts whose testimony is in an area testified to by the applicant's expert.

No plat or site plan shall be signed nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been approved by the governing body. The applicant may, however, at his option, deposit with the Municipal Clerk an amount agreed upon by the applicant and the municipal agency as likely to be sufficient to cover all reimbursable items; and, upon posting said deposit with the Municipal Clerk, the appropriate maps or permits may be signed and released or issued to the developer. If the amount of the deposit exceeds the actual costs as approved for payment by the governing body, the developer shall be entitled to a return of the excess deposit, but if the charges submitted and approved by the governing body exceed the amount of the deposit, the developer shall be liable for payment of such deficiency.

No professional personnel submitting charges to the municipality for any of the services referred to in Subsection A(1)(a) of this section shall charge for any of the services contemplated by Subsection A(1)(a) of this section at any higher rate or in any different manner than would normally be charged the municipality for similar work as ascertained by the professional's contract of employment with the municipality or by provisions of the Municipal Salary Ordinance. Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement under this article shall in no way be contingent upon receipt of reimbursement by a developer, nor shall any payment to a professional be delayed pending reimbursement for a developer.

Deposits received from any developer pursuant to Subsection A of this section shall be held by the Treasurer in a special deposit account, pursuant to N.J.S.A. 40:55D-53.1, and, upon receipt of bills from professionals duly approved by the governing body, the Treasurer may use such escrow funds to pay the bills submitted by such professional or professionals, return any surplus funds to the developer or bill the developer for any shortfall.

Whenever any application which initially has been submitted to the Planning Board or the Zoning Board of the Borough of Stanhope is not fully processed within the time frames provided within this article and is resubmitted within one year of the original filing date for further action by said Board, there shall be a fee for resubmission work and review of the Borough Engineer, Attorney or Planner in the amount of 50% of the initial application fee and 50% of the initial escrow account fee.

The Zoning Board shall have the authority to waive all or any portion of an escrow fee otherwise required by § 100-34.3 whenever it shall deem said escrow requirement to be inconsistent with the size and/or nature of the particular application being considered.

Except as otherwise specifically provided herein, all fees required by this article shall be payable to the Borough Clerk at the time of filing any application for site plan or subdivision approval. All fees shall be paid by check payable to the Borough of Stanhope, which check for all fees in excess of $250 shall be in the form of a certified or bank cashier's check.

All permits, determinations, resolutions or certificates of approval are subject to the payment of all fees provided for in this article, and no approvals shall be given by the Planning Board until proof has been submitted to them that the requisite application fees and escrow account fees have, in fact, been paid to the Borough Clerk.

Schedule of fees.

The application fee is a flat fee to cover administrative expenses and is nonrefundable. The escrow account is established to cover the costs of professional services, including engineering, planning, legal and other expenses connected with the review and processing of the submitted materials. Sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow within 15 days.

Where one application for development includes several approval requests, the sum of the individual required fees shall be paid.

Each applicant for subdivision or site plan approval shall agree to pay all reasonable costs for professional review of the application and for inspection of the improvements. All such costs for review and inspection must be paid before any approval plat, plan or deed is signed or any construction permit is issued, and all remaining costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued.

If an applicant desires a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Borough shall be at the expense of the applicant, who shall arrange for the reporter's attendance.

At no time during an application's review and consideration by the Zoning Board shall the amount of funds in the escrow account established therefor be permitted to fall below $75 unless otherwise waived pursuant to § 100-34.1 above.

No final application for development, whether for an entire tract or a section thereof, shall be approved by the Board until the satisfactory completion and performance of all required public improvements have been certified to the Board by the Borough Engineer, unless the owner shall have filed with the Borough a performance guaranty assuring the installation of said public improvements on or before an agreed date as hereinafter provided.

It is the intention of the Borough Council that residents living in each new section of a development be provided with a lot and/or dwelling unit and tract area that is as complete as possible with respect to tract and individual lot and/or dwelling unit improvements. In order to accomplish this objective and except as hereafter provided, all remaining improvements shall be completed as to each category set forth in the performance guaranty to a percentage extent equal to the percent of lots and/or dwelling units which have been conveyed in any manner.

Performance guaranty estimate.

All site improvements and utility installations for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Borough Engineer to ensure satisfactory completion. The cost of said inspection shall be the responsibility of the owner, who shall deposit with the Treasurer a sum in accordance with the following schedule, to be applied to payment of the inspection costs:

In no case shall any paving work be done without permission from the Borough Engineer. At least two working days' notice shall be given to the Borough Engineer prior to any construction so that he or a qualified representative may be present at the time the work is to be done.

Streets shall not be paved with a wearing course until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. The seeding of grass and the placement of surveyor's monuments shall be among the last operations.

Inspections; installation of improvements.

Inspection by the Borough of the installation of improvements and utilities shall not operate to subject the Borough of Stanhope to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractors, if any.

The owner shall present two copies of the performance guaranty, in an amount equal to 120% of the approved performance guaranty estimate when secured by a bond or in an amount equal to 100% of the approved performance guaranty when secured by cash or irrevocable letter of credit, for approval as to form and execution by the Borough Attorney.

The Borough Attorney shall notify the Secretary of the Board prior to the meeting that the performance guaranty is properly executed and can be added to the agenda.

The performance guaranty shall be made payable and deposited to the Borough of Stanhope and shall be in the form of cash, irrevocable letter of credit or certified check or a performance bond in which the owner shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. The Borough shall issue its receipt for such deposits and shall cause the same to be deposited in the name of the Borough to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work or, in the event of default on part of the owner, to be used by the Borough to pay the cost and expense of obtaining completion of all requirements.

The applicant may request, in writing, to the Borough Clerk the refund of the unused remaining portion of the fee; and, upon full accounting and closure of the file, as determined by the Chairman of the Planning Board or Zoning Board, as the case may be, the remaining funds will be returned to the applicant.

Eighteen copies of a completed Basic Application - B and all required documents in accordance therewith, submitted to the Secretary of the Planning Board 14 days prior to the regular meeting day of the Board.

The required fee pursuant to Chapter 82, Fees, of the Code of the Borough of Stanhope.

Certification from the Borough that all taxes, water and sewer and other assessments are paid through the latest billing.

Certification from the Mayor and Council that adequate water supply and sewer capacity exist to service the proposed development.

A plat in the following format and in which the following information and data are set out:

Drainage and storm systems, sanitary sewers and utilities.

Compliance with all requirements of the zoning district within which the property is located and/or identification of all variances and waivers.

Copy of any covenants or deed restrictions.

Soil erosion and sediment control plan and application to soil conservation district for approval.

An applicant applying for a project located within a flood hazard area shall apply for approval in conformance with the Ninety-Day Construction Permit Act.

Indicate that the following items have been filed:

Environmental impact statement in accordance with the provisions of § 100-138 of this Code.

For major subdivision, the following should also be included:

For site plans, the following additional items should be included:

The applicant's name, address and telephone number.

Property location by street address, zone and tax block and lot; and the owner's name.

Lot size (perimeter and area).

A survey, plot plan or sketch of the property (in that order of preference) that includes all improvements thereon and all dimensions thereof.

Name of business; number of employees; number of shifts and employees per shift; hours and days of operation.

Number of existing dedicated parking spaces on site and elsewhere; and other parking.

Type of business, e.g., manufacturing, wholesale, etc.; percentage or amount of square footage of buildings to be occupied; other tenants or occupants; description of interior improvements or changes.

Reason for site plan waiver request.

At least six photographs of the property showing each side of the building and any parking entrance and exit points.

Method and location of garbage disposal and recycling.

Before approving a subdivision or site plan, the approving authority shall require that streets, public drainageways, flood control basins and public areas designated for reservation on the Master Plan or Official Map must be shown on the plat on locations and sizes suitable to their intended uses. The approving authority may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of up to one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the Borough shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for probate use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.

The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include but not be limited to consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional or site plan approval, as the case may be, caused by the reservation.

Upon the submission to the approving authority of an application for development showing development proposed for an area reserved on the Official Map or Master Plan, the secretary of the approving authority shall notify the Borough Council in writing of such application and that the approving authority intends to grant approval for said development in the reserved area unless the Borough Council notifies the approving authority prior to the date for final approval that it intends to reserve the area in question and will provide compensation to the developer for such reservation. Said notice of intent to reserve shall thereupon proceed either to reach an agreement with the developer as to the amount of compensation to be paid for such reservation or negotiate a purchase price for said reserved area. Upon the Borough Council's arriving at the amount to be paid the developer by way of compensation for reservation or purchase, said amount shall be deposited in escrow for the benefit of the developer.

No driveway which intersects with the right-of-way line of any public road within the Borough of Stanhope may be constructed or modified unless the owner of the land in which the driveway is to be constructed or modified first obtains a zoning permit and a building permit as required from the Building Construction Official. A driveway is modified within the means of this development regulation when it is paved, widened, narrowed or when its location or grade is changed. A modification shall not include resurfacing of an existing paved driveway. All driveways that intersect with the right-of-way line of any public road within the Borough of Stanhope, which is being constructed subsequent to the effective date of this development regulation, and all such driveways existing on the effective date of this development regulation which are modified subsequent to the effective date of this development regulation shall be constructed in accordance with the following minimum requirements:

The developer shall pay the full cost of all off-tract improvements that are wholly necessitated by the proposed development if said improvements benefit lands other than those within the subdivision or site plan.

The developer shall provide for payment of its pro rata share, allocated in conformance with standards set out in Subsections E and F hereof, of all off-tract improvements required by the approving authority if such improvements benefit lands other than those within the subdivision or site plan.

In the event the approving authority shall determine that off-tract improvements are required in connection with any subdivision or site plan, then prior to granting final approval:

No zoning permit or building permit shall be issued by the Zoning Officer or the Building Construction Official for the construction or modification of any driveway unless a plan of the proposed construction or modification is submitted showing the location, dimensions and grade.

Without limiting the generality of the foregoing, the approving authority may take into account the following specific factors:

Any money received by the Borough Treasurer for the off-tract improvements to be constructed or installed by the Borough pursuant to the provisions of this section shall be deposited in a suitable depository therefor and shall be used only for the improvements for which they are deposited or improvements satisfying the same purpose. If construction of improvements for which the Borough is responsible has not commenced within five years from the date of deposit, the amount deposited, together with any interest thereon, shall be returned to the developer or his successor in interest.

Upon completion of any improvement constructed by the Borough as a general or local improvement, the total cost of such improvement shall be determined by ordinance for such improvements. The difference between the actual cost as is determined and the estimated cost shall be computed. The developer or his successor in interest shall make remittance to the Borough, if the estimated cost exceeds the total cost, in an amount which bears the same relationship to the difference between the actual and estimated costs as the amount deposited by the developer for his proportionate share of the estimated cost bears to the total estimated cost. Any sum payable by the developer or his successor in interest may be levied and collected by the Borough in the same manner as is provided by law for the levy and collection of real estate taxes.

In the absence of an express provision in a deed or deeds of conveyance, it shall be presumed that the fee owners of all lots in the subdivision or site plan at the date any deposit or portion thereof is returned or additional charge is made pursuant to Subsections G and H of this section are the lawful successors in interest to the developer, and each such fee owner shall be charged with or entitled to receive a pro rata share, based in lot area, of any funds to be returned or additional charge to be made pursuant to this section. Upon payment of any such sums to said fee owners, the Borough shall be released of liability to any other person.

That departure by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning regulation standards pursuant to Article XIV and § 100-132.

That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.

That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air and recreational and visual enjoyment are adequate.

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

In the case of a proposed planned development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

That proposed buildings shall be oriented and located so as to provide the greatest level of solar access protection if the standard in § 100-34C(4)(v) cannot be met. The standard shall then become:

The Borough may, at any time and from time to time, accept the dedication of land for public use and maintenance or any interest therein required to be set aside, designated and reserved for the use and enjoyment of owners and occupants of land adjoining or neighboring such land as a condition of approval of planned unit development, planned unit residential development or residential cluster, but such dedication shall not be required by the approving authority.

The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of a development, if said open space is not dedicated to the Borough. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereinafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Borough.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Recreation Commission may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Recreation Commission may modify the terms of the original notice as to deficiencies and may give a reasonable extension thereof. The Borough, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Recreation Commission shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Recreation Commission, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Recreation Commission shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Borough shall cease to maintain said open space at the end of said year. If the Recreation Commission shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said open space during the next succeeding year, subject to similar hearing and determination in each year thereafter. The decision of the Recreation Commission in any case shall constitute a final administrative decision, subject to judicial review.

The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of imposition of the lien and shall become a lien and tax on said properties and be added to and be part of the tax to be levied and assessed thereon and enforced and collected with interest by the same officer and in the same manner as other taxes.

Site plans.

Subdivisions.

Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the subdivision and/or site plan as submitted.

The Planning Board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationships of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.

If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this chapter, grant preliminary subdivision or site plan approval.

Nothing herein shall be construed to limit the right of a developer to submit a sketch plat to the Planning Board for informal review, and neither the Planning Board nor the developer shall be bound by any discussion or statements made during such review, provided that the right of the developer at any time to submit a complete application for subdivision or site plan approval shall not be limited by his submission of a sketch plat, and the time for the Planning Board's decision shall not begin to run until the submission of a complete application.

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, existing natural resources to be preserved in the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; exterior lighting, both for safety reasons and streetlighting, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan.

That the applicant may apply for and the reviewing board may grant an extension on such preliminary approval for an additional period of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

In the case of a subdivision or site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsections A, B and C above for such period of time, longer than three years, as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

The reviewing board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval; the conditions of preliminary approval; the completion of required improvements; certification that all taxes and water, sewer and other assessments are paid through the last billing; and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., provided that in the case of a planned development, the reviewing body may permit minimal deviations from the conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.

Final approval shall be granted or denied within 45 days after submission of a complete application to the Clerk of the approving authority or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute a final approval of the application for final approval as submitted, and a certificate of the Secretary of the approving authority as to the failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval.

A complete application for final approval shall consist of the following, where applicable:

The approving authority, when acting upon applications for major or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

The approving authority, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

The approving authority shall have the power to review and approve or deny site plans simultaneously with review for subdivision approval without the developer being required to make further application to the approving authority or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision or site plan approval, shall apply.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 100-41 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivisions, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 100-47 of this chapter. If the developer has followed the standards prescribed for final approval and, in the case of subdivision, has duly recorded the plat as required in § 100-47 of this chapter, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval, pursuant to § 100-41 of this chapter, for the section granted final approval.

In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the approving authority may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the reviewing board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

Before recording of final subdivision plats or as a condition of final site plan approval, the approving authority may require and shall accept, in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract and off-tract improvements:

The amount of any performance guaranty may be reduced by the Borough Council by resolution when portions of the improvements have been certified by the Borough Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be established by the Borough Council by resolution.

If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable therefor to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

When all of the required improvements have been completed, the obligor shall notify the Borough Council in writing, by certified mail addressed in care of the Borough Clerk, of the completion of said improvements and shall send a copy thereof to the Borough Engineer. Thereupon, the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Borough Council, indicating either approval, partial approval or rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

The Borough Council shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for the improvements not yet approved. Failure of the Borough Council to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty.

If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth in this section shall be followed.

The obligor shall reimburse the Borough for all reasonable inspection fees paid the Borough Engineer for the foregoing inspection of improvements.

The Planning Board may waive notice and public hearing for an application for development if the Subdivision Committee of the Planning Board appointed by the Chairman finds that the application for development conforms to the definition of minor subdivision in § 100-3 of this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board of said Subdivision Committee may condition such approval on terms ensuring the provision of improvements pursuant to Article XVIII of this chapter.

Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Clerk of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said law.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided herein.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The approving authority may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.

Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the Planning Board or a copy of the certificate, signed by the Chairman and Secretary of the Planning Board, indicating that the approving authority failed to reach a decision on the subdivision application within the prescribed time. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guaranties required pursuant to § 100-45 of this chapter.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Borough approval is required by this chapter, such person shall be subject to a penalty not to exceed $500, and each lot disposition so made may be deemed a separate violation.

In addition to the foregoing, the Borough may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with § 100-49 of this chapter.

The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding August 1, 1976, may apply in writing to the Planning Board Chairman for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

The Planning Board Chairman shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his or her office.

Each such certificate shall be designated a "certificate as to the approval of subdivision of land" and shall certify:

The Planning Board Chairman shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of that provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by the Borough Clerk shall be paid by him or her to the Borough.